StarBlog

As appeared in http://www.freemalaysiatoday.com/category/nation/2012/09/05/najib-must-undo-his-fathers-mistake/ by Luke Rintod 5th Sept 2012

KOTA KINABALU: Maverick politician Jeffrey Kitingan said Prime Minister Najib Tun Razak must undo the “greatest injustice” his late father Razak Hussein did in “signing away” Sabah’s oil and gas resources to Petronas in 1975.

“How can (then) prime minister Razak give away something that does not belong to him as prime minister?” Jeffrey asked during a press conference here today where he also showed reporters copies of documents on the issue.

“Najib must undo his late father’s greatest injustice against Sabah and reverse the vesting of Sabah’s oil and gas resources back to Sabah from Petronas.

“The real issue is not whether the then prime minister had the authority to sign away Sabah’s oil and gas resources to Petronas, but why should he sign away Sabah’s oil and gas without consultation with or approval from Sabah when the oil and gas belonged to Sabah,” he said.

Jeffrey, who is also Sabah chairman of the Sarawak-based State Reform Party (STAR), said Razak had on March 26, 1975 signed away Sabah’s oil and gas to Petronas by executing the “vesting order” under Section 2(2) of the Petroleum Development Act 1974.

He said the “vesting order” granted in perpetuity and conveyed to and vested in Petronas the ownership in and the exclusive rights, powers, liberties and privileges of exploring, exploiting, winning and obtaining petroleum whether lying onshore or offshore of Malaysia.

“The grant, conveyance and vesting was to be irrevocable and shall endure for the benefit of Petronas and its successor.

“But under Section 24(1) of the Land Ordinance (Sabah Cap. 68), oil and gas in Sabah are, and deemed always to have been, reserved to the state government, together with the right to enter lands and to search for, win, carry away and dispose of the same,” he said.

Razak’s action ‘unconstitutional’

Jeffrey also argued that “under Section 24(2) of the Land Ordinance, the minister (in charge of such resources) is authorised to grant licences to search for, win, carry away and dispose of the oil and gas and to grant leases of the same.

“Under the same section, the state is also entitled to impose payment of royalties on the oil and gas produced.

“Furthermore, land and natural resources come directly under the State List under the Inter-Governmental Commission (IGC) Report and the Federal Constitution.

“This action by Razak may well be unconstitutional.

“How could Razak give away something that does not belong to him as prime minister?

“By signing away Sabah’s oil and gas to Petronas, Razak has committed the greatest injustice to Sabah,” said the Harvard scholar.

He argued that it is only right that Najib, who was here on a two-day visit recently, undo the injustice by getting Petronas to reverse the vesting and restore ownership of Sabah’s oil and gas to the state.

“It is never a better time for Najib to show his sincerity in resolving Sabah’s oil issue by giving back the oil and gas resources to Sabah, which will also by a stroke of the pen wipe out Sabah’s poverty problems.

“It is also time for the Chief Minister to show that he is truly a Sabahan at heart by not only seeking a review of the ‘oil royalties’ but also to ask the federal government to give back the oil and gas resources to Sabah, since he has said that the current state-federal relationship is very good,” he added.

At the press conference, the video of the speeches of Tengku Razaleigh Hamzah was also played to show the explanations on the imposition of royalties by the state and federal governments as well as on Tengku Razaleigh being asked to leave the ill-fated Nomad airplane before it took off from Labuan in 1976.

Sabah on its part, however, only signed an agreement with Petronas on June 14, 1976, days after the demise of Sabah’s then chief minister, Fuad Stephens, who perished with most of his senior state ministers in the Nomad air crash on June 6, 1976, after a botched negotiation with federal leaders on oil in Labuan earlier.

Each of the reporters present today was also given copies of the CDs containing the video clips. Also present were senior leaders of STAR from Sarawak, Midi ak Johnek and Alim ak Mideh @ Giovanni Adlim, as well as Sabah leaders of the party.

The duo are here in preparation for STAR’s one-day national convention tomorrow (Thursday) at the Star City’s convention and events centre here.

KOTA KINABALU: Maverick politician Jeffrey Kitingan warned the ruling Umno-BN state government not to use Sabah’s oil riches as an election gimmick to gain favour with the electorate.

He said the “so-called review will test the sincerity” of the federal government and the Sabah leaders as well as the “extent of the federal-state relationship.”

“If Musa is truly a Sabahan at heart, this is the most opportune time to not only seek a review but to demand and negotiate a new deal for Sabah’s oil and gas resources for the benefit of Sabah and its future.

“But Chief Minister Musa (Aman) needs to better understand the existing oil agreement. The (current) terms of the agreement are not only lopsided but grossly unfair to the oil-producing states (including Sabah).

“(As such) the state government should also adopt a holistic approach to the old oil agreement in seeking a new deal,” said Jeffrey.

Jeffrey was commenting on Musa’s statement on Tuesday that the state government would open “amicable discussions” with the federal government to increase the petroleum royalty payment from the current 5%.

He said Musa needs to first understand that the current 5% is a cash payment payable by Petronas under Section 4 of the Petroleum Development Act, 1974 and had nothing to do with royalties.

The cash payment was in return for the ownership and the rights, powers, liberties and privileges of the oil and gas resources vested to Petronas by the State.

Furthermore, Section 4 provides that the cash payment is to be agreed between the parties, and not imposed upon.

Jeffrey, the younger brother of deputy chief minister Joseph Pairin, said many are of the opinion that the existing oil agreement is unconstitutional and invalid because it is not only unfair but infringes on fundamental state rights.

He said many were of the opinion that there was unlikely to have been any negotiations in 1976 for the amount of the cash payment.

If terms had been properly negotiated, Sabah would not have ended up at a mere 5% for transfer of ownership of the oil and gas resources to Petronas.

Sabah forced to sign

Jeffrey said many were also questioning the authority and the manner of the then chief minister in signing away the oil rights without approval from the State Legislative Assembly.

Then Chief Minister Harris Salleh, who signed the oil royalty agreement in 1976, recently stated that the Sabah was forced to accept the 5% cash payment.

Jeffrey said few people know that under Clause 4 of the 1976 agreement that was signed eight days after the plane crash that killed newly elected chief minister Fuad Stephens and several members of his cabinet, the state government was also asked to waive or to reject Sabah’s rights to royalties on the oil and gas resources.

As such, he said, in the new deal, the state government should seek the restoration of Sabah’s rights to impose oil royalties which are provided under the State List of the Federal Constitution and Section 24 of the Land Ordinance, Sabah Cap. 68.

He also reminded that in a video recording made in 1975, Tengku Razaleigh Hamzah, who was then Minister of Finance and headed Petronas explained that royalties entitlements of the states was 12% for up to three (3) miles from the shoreline with the federal government getting 10% for up to 10 miles and 8% to the federal government up to the international boundary.

Under this scenario, Sabah should have received a total of at least 17% in oil revenue with 12% in royalties and 5% cash payment.

Jeffrey, who heads the Sabah chapter of the State Reform Party, said it was his party’s view that Sabah should receive at least 30% in royalties because Sabah’s boundary is the same as the international boundary as Sabah gained independence on Aug 31, 1963 thereby establishing its international boundary as a nation.

He said this meant Malaysia’s international boundary coincides with Sabah’s international boundary.

As part of STAR Sabah’s causes and aspirations for Sabah, the party is seeking an increase of the oil revenue to 50% nett revenue excluding royalties which are payable even if the ownership is transferred to Petronas.

This is set out in STAR’s Petroleum Masterplan which is comprehensive and covers a wide range of policies for Sabah’s oil and gas beneficial to Sabah and Sabahans.

‘Sabah, Sarawak will unite’

It is also STAR’s view that Sabah’s or Sarawak’s oil rights cannot be transferred as it belongs to the states but can only be leased or assigned for a specific period.

Jeffrey said an increase from 5% to 50% will bring in an additional amount of at least about RM7 billion a year for Sabah which could be used to help eliminate poverty in Sabah.

The additional RM7 billion would also be proof that the federal and state governments are sincere in resolving the oil issue and talk of asking for a review is not a mere election gimmick to hoodwink the voters in Sabah, Jeffrey said.

He warned that if the federal government and Petronas did not agree to a new deal for Sabah and Sarawak, the Bornean states should stand united for their own good and change the federal government.

Jeffrey also said it was important for all to realise that the seat of government in Putrajaya is now likely to be decided by Sabah and Sarawak.

“Therefore, the Sabah and Sarawak leaders must leverage their role as kingmakers. Sabah and Sarawak leaders must ensure that the rights and interests of Sabah and Sarawak come first.

“And, if the federal government does not agree to increase the share of oil revenue for Sabah and Sarawak, the Sabah and Sarawak leaders, as kingmakers, should just change the federal government.

Kota Kinabalu: State Reform Party's (STAR) Sabah Chairman Datuk Dr Jeffrey Kitingan said he will contest in the Keningau parliamentary constituency in the coming general election.

He also did not rule out re-contesting in the Bingkor state seat.

"I will contest in Keningau. I'm hoping he (elder brother Tan Sri Joseph Pairin) will not be going for the seat anymore. He has served the constituency for 30 years. I think it's time for me to bring Sabah issues to Parliament," he said.

Pairin is PBS President and Sabah Deputy Chief Minister as well as Member of Parliament for Keningau and Assemblyman for Tambunan.

In the 2008 general election, Dr Jeffrey contested against Pairin for the Keningau parliamentary seat but was defeated.

He also contested Bingkor state seat but lost to BN candidate Justine Guka by 171 votes in the four-cornered contest involving two other independent candidates.

Asked on why he decided to contest the seat again, he said: "As much as I wish that should not happen, I felt the ground swells very much for change."

"In another word, they want something new. It has nothing to do with family, more to do with politics," he said.

Jeffrey, a Harvard graduate, has changed political parties a number of times in the past two decades - being a former member of Parti Bersatu Sabah (PBS), Parti Bersatu Rakyat Sabah (PBRS), Parti Angkatan Keadilan Rakyat (Akar Bersatu) and United Pasokmomogun Kadazandusun Murut Organisation (Upko).

He also joined PKR and was later appointed as party's vice-president until his resignation from the position on Oct 28, 2009.

Kota Kinabalu: The 20-Points Memorandum, the IGC Report and the Malaysia Agreement were, and still are, and will always be, the heart and soul of the formation of Malaysia.

PBS Secretary General, Datuk Henrynus Amin, said questioning the validity of the "20-Points Agreement" or denying its existence or even distorting the historical facts surrounding it, is disloyalty or at best, seditious, as it is tantamount to questioning the very existence of Malaysia.

He said it was an established fact that the "20-Points Memorandum" represented key demands by the then Sabah political leaders for constitutional protection for the people of Sabah prior to the formation of Malaysia.

The 20-Points Memorandum was submitted, negotiated and most of the key demands agreed to by the parties, and became legally binding when adopted into the Malaysia Agreement.

The process of negotiation by the then independence forefathers leading to the 20-Points Agreement was well documented in the IGC Report which served as the basis for the Malaysia Agreement.

The IGC Report as well as the Malaysia Agreement provided the legal basis for the eventual adoption of the 20-Points into the Federal Constitution of Malaysia.

He said, "While not all the 20-Points demands were adopted in the Malaysia Agreement, the spirit and basis for the formation of Malaysia will always be known as "the 20-Points Agreement."

He said the "20-Points Agreement" is just another name for the Malaysia Agreement to reflect the outcome of the process of negotiation and agreement on the 20-Points key demands leading to the successful formation of Malaysia.

Unfortunately, not many Malaysians seem to realize this, and out of their ignorance, they continue to echo sentiments to downplay the significance of the 20-Points agreement or even to deny its validity.

PBS, he said, would not accept revision of history and will fight to get the proper recognition of the role of the 20-Points Agreement in the formation of Malaysia.

"PBS deeply regrets attempts to distort history or denying the significance of the 20-Points Agreement which represented the hard works and success of the then independence forefathers to fight for state rights and constitutional protection for the people of Sabah during the formation of Malaysia.

He said notwithstanding its emotive significance, the 20-Points Agreement will always be, and should be, the logical reference points or justification, if you may, in any political or legal debate or discussion on the issue of the state rights or state constitutional protection.

As a matter of fact, we know that Malaysia is a federation, not a unitary state, and on matters under the state list in the federal constitution, the state is coordinate with the federal government.

However, he said the state is subservient to the federal government on matters under the federal list.

In other words, under the federal system, Sabah already has full autonomy on state matter such as land administration, forestry, mining, religion, culture, local government, etc.

"The federal government cannot legislate or interfere in the administration of matters under the state list."

"But problems or tension may arise in state federal relationship due to the perceived tendency of the central leadership to overstep the constitutional boundaries to erode state rights."

He also said debate on the proper interpretation of state and federal rights under the Malaysia Agreement and the Federal Constitution is cannot be avoided and is a political reality in any federal system of government.

"But we are fortunate as we have in Malaysia the proper legal and political framework to discuss and work out differences."

"Therefore, criticism or comments related to state-federal relation should not be viewed negatively as long as they occur within the bounds of the law."

For instance, he said, Malaysians in Sabah have every right to question issues related to perceived non fulfilment of federal assurances and pledges to the people of Sabah enshrined in the Malaysia Agreement during the formation of Malaysia.

But PBS would oppose the political manipulation of the 20-Points Agreement for dubious political motives, especially unsubstantiated wild allegations against the BN political leaders.

“A disenchanted East Malaysian voter” (Daily Express Forum Sun 20 May, 2012) appears to be caught up with the politics of delusion in rooting for a two-party system for Sabah and Sarawak as well.Don’t we want to not only stand up and be counted but also stand on our own two feet?

When are we going to stop living in fear and shed the slave mentality and the dependency syndrome foisted on us by the subsidy regime and other ruling Barisan Nasional (BN) dirty tricks to ghettoize us and make us think that we are incapable of doing anything and would have to depend on them forever to keep body-and-soul together?

“A disenchanted East Malaysian voter” wasn’t able to state even one reason how Sabah and Sarawak would benefit from either BN or Pakatan Rakyat (PR), both Peninsular Malaysia-based national coalitions/alliances. The 1963 Malaysia Agreement must be kept in mind.

Is he suggesting that the only choice that Sabah and Sarawak have would be to jump from the frying pan (BN) into the fire (PR) or, at best, from the fire (BN) into the frying pan (PR)? In Malay, it’s said, “keluar dari mulut harimau, masuk mulut buaya”.

There are others who suggest that better the known devil (BN) than the unknown angel (PR)!

Again, there’s a third group who moan that Sabah and Sarawak are caught between the devil (BN) and the deep blue sea (PR).

The history of Sabah and Sarawak before and immediately after Malaysia should be kept in mind when we propose simplistic and naïve solutions like a two-party system to include Malaysian Borneo.

These documents, read together with the Malaysian Constitution, involve the autonomy of Sabah and Sarawak and their rights in the Federation as a two-tier set-up.

At another or second and lower level, Malaya or Peninsular Malaysia is a Federation of the states in the Peninsula.

Hence, the best guarantee for Sabah and Sarawak in Malaysia is a Borneo-based national alliance which could lead a 3rd Force in Parliament to steer evenly between BN and PR.

The 3rd Force does not comprise Sabah and Sarawak only but also includes various elements on the other side of the South China Sea viz the Orang Asli, the Christians, other minorities, fence-sitters and the Indian community which decide in 67 of the parliamentary seats in Peninsular Malaysia.

At present, elements of the 3rd Force straddle both sides of the political divide and this may remain so for the immediate future.

The State Reform Party (Star), a Borneo-based national party, wants to form the nucleus of a non-aligned 3rd Force in Parliament together with other allies in the United Borneo Alliance (UBA). The UBA is still work in progress.

Star is not the story of one or two persons but has been re-born as a party of the people, by the people, and for the people. The people behind Star in Sabah would have been under another label if the Registrar of Societies (ROS) had not been in continuing violation of Article 10 of the Federal Constitution at the behest of certain vested interests.

The parti parti Malaya in Sabah and Sarawak are welcome to change their names to reflect the local situation, incorporate locally and join UBA provided that they have full autonomy from their political masters in Kuala Lumpur.

At present, local members of the parti parti Malaya in Sabah and Sarawak are seen as traitors who are willing to be proxies and stooges of politicians on the other side of the South China Sea. They are willing to facilitate the “foreigners”, for the proverbial 30 pieces of silver, to step-up the internal colonization of Sabah and Sarawak and thereby further enslave the people.

It must be remembered that Peninsular Malaysians are foreigners in Sabah and Sarawak under the Immigration Act 1967. By rooting for either BN or PR, we would only ensure that even more illegal immigrants would enter our electoral rolls to lord over us one day.

The political tsunami of 2008 opened up a historical window of opportunity for Sabah and Sarawak when the ruling coalition lost its coveted two-thirds majority in Parliament and had to live with the emergence of the Pakatan Rakyat (PR) as a government-in-waiting.

Suddenly, Sabah and Sarawak are in the political mainstream and reckoning again despite having less than the minimum one-third plus one seat in Parliament promised by the Malaysia Agreement.

Patently, it would be foolish of us to squander the continuing historical opportunity of 2008 – indeed an “Act of God” – by slavishly rooting for either BN or PR at the ballot box.

The question of the opposition splitting its votes is a myth that must be laid to rest.

The people have the right to decide how united or disunited they want to be and this would be based purely on the issues being flogged during the campaign in the run-up to the General Election, the next being the 13th.

The voters will make an intelligent choice between the parties and candidates based on the issue before them.

So far, PR has yet to bring any issue of interest to Sabah and Sarawak before the people. BN, meanwhile, has been singing the same old song since 1994 when it promised a “Sabah Baru within 100 days”.

No doubt, both these Peninsular Malaysia-based national alliances/coalitions are focused only on Putrajaya and beyond that they haven’t the faintest idea of what to do for Sabah and Sarawak. We are mere numbers as BN and PR leaders sit in Kuala Lumpur punching on their calculators. They don’t see as a people with real problems that cry out for solutions.

In that sense, the parti parti Malaya in Sabah and Sarawak are part of the problem, not part of the solution.

The parti parti Malaya must get out of Sabah and Sarawak and stay out if they are not willing to incorporate locally and give full autonomy to their local members.

The 3rd Force can support either BN or PR in Parliament to form the Federal Government but without itself being part of the Federal Cabinet or the state cabinets in Sabah and Sarawak.

This would not exclude the 3rd Force from accepting government positions elsewhere.

While the majority – as in the number of seats in Parliament past 111 – have the right to rule, democracy also means that the minority have a right to be heard.

The 3rd Force should only be in the Federal Government when it can initiate, form and lead the Federal Government in partnership with either BN or PR. The fact that the 3rd Force may have less seats in Parliament vis a vis either BN or PR, its potential partners in a Federal Government, is beside the point.

The 3rd Force should not be part of any move by BN and PR to even initiate a government of national unity as that would not be in the best interests of Sabah and Sarawak given the historical “window of opportunity” concept.

The future of our children and grandchildren depend on the decisions that we make today. Let them not urinate on our graves.

The bottomline is that both the local parties and the parti parti Malaya in Sabah and Sarawak are talking past each other.

They are not talking the same language.

The MA63, 20/18 P, IGCR and the CCR are important constitutional documents and/or conventions pertaining to Sabah and Sarawak’s partnership in Malaysia along with Malaya and S’pore (until 1965).

Without the Federal Government complying with the four documents, the Malaysian Constitution is inoperable to the extent of its non-compliance, and by extension, the membership of Sabah and Sarawak in Malaysia is void and/or voidable.

Therefore, until compliance, Malaysia is in a simmering constitutional crisis in Sabah and Sarawak

“It would be foolish for us in Sabah and Sarawak to squander this historical window of opportunity and pander to the whims and fancies of the parti parti Malaya with their self-serving politics,”

Thurs 24 May, 2012The State Reform Party (Star) shares the sentiments of the Democratic Action Party (Dap) that the possibility of one-to-one fights in Sabah to take on the ruling Barisan Nasional (BN) at the forthcoming 13th General Election is non-existent.It also agrees with Dap that the Sabah Progressive Party (Sapp) was out of synch with local politics but thinks “it would be kinder not to comment further on an irrelevant party”.However, Star begs to differ with the Peninsular Malaysia-based national opposition party on why “it’s not possible to strike a deal with the self-glorified and unrealistic Star”.“We are not indulging in self-glorification or being unrealistic,” said Star vice chairman Dr Felix Chong, a Dap leader until recent days, in a prepared press statement. “It’s the people who are glorifying us everywhere including in FaceBook.”He was referring to a statement by Kota Kinabalu MP and Dap Advisor in Sabah, Hiew King Cheu, in the local media on Thurs this week.On Star being unrealistic as alleged by Dap, Chong pointed out that the campaign for a 3rd Force in the Malaysian Parliament was based on realpolitik.He added that winning seats at the GE was not realpolitik but incidental and that the concept (realpolitik) must extend beyond and more importantly deal with the unresolved status of Sabah and Sarawak in the Malaysian Federation.“We can’t talk about Sabah and Sarawak rights in the Malaysian Federation until the issue of the Federal Government’s non-compliance with the four constitutional documents and/or conventions governing our membership, participation and partnership in Malaysia is resolved,” said Chong.He referred to the four documents as the 1963 Malaysia Agreement (MA63), 20/18 Points (20/18 P), the Inter Governmental Committee Report (IGCR) and the Cobbold Commission Report (CCR).He claimed that the Federal Government’s “ominous silence” on the four documents rendered the Malaysian Constitution inoperable to the extent of its non-compliance with the said documents and thereby raised a fundamental issue of politics, the law and the Constitution: were Sabah and Sarawak in or out of the Federation?If both states were in fact out of the Federation, continued Chong, why is Putrajaya carrying on otherwise since 1963 and more especially since Singapore’s expulsion in 1965? Are both states being occupied by Malaya?If both states are still in the Federation, he stressed, what’s their legal and constitutional status in the face of the aforesaid non-compliance? Are they colonies of Malaya?The Dap vice chairman does not want the Federal Government to admit its failure on the four documents “only after all our oil and gas resources have been plundered from us and we are pushed into a corner financially”.These are serious issues that must be dealt with urgently, he said. “We are looking at the big picture and our long term future, not the short-run or immediate run like the myopic parti parti Malaya in Sabah and Sarawak.”Chong added that Dap like “the other parti parti Malaya in Sabah and Sarawak” are more focused on seizing control of Putrajaya from BN instead of being relevant to the struggle of the local people.“We are not interested in regime change but system change,” said Chong. “Why should the people of Sabah and Sarawak go from the frying pan (BN) into the fire (Pakatan Rakyat) or, at best from the fire (BN) into the frying pan (PR)?”He noted that PR leaders had often spoken about system change but the fact that they are openly against Star’s struggle for Sabah and Sarawak “shows that it’s either merely paying lip to system change and is focused on regime change or wants system change to be confined to Peninsular Malaysia”.Chong warned Dap that it’s not good enough for PR to “bribe Sabah and Sarawak” with 20 per cent oil royalty in return for voting for them.“What PR is saying is that they will steal less of our oil and gas resources compared with BN?” said Chong. “These resources belong to us 100 per cent. It’s like adding insult to injury if someone tries to bribe us into inaction with a fraction of our own money after stealing it.”Besides dangling the 20 per cent oil royalty carrot-and-stick before the voters, the Star vice chairman hasn’t seen why the parti parti Malaya crossed over from the other side of the South China Sea.In a dig at Hiew, Chong said that the people of Sabah and Sarawak were not interested in seeing all dolled up Dap leaders “self-glorifying” themselves in photo ops in the media “showing them pointing at an uncovered manhole, an unpaved road or at something floating in a longkang (drain).”Asked whether the BN would win the next GE by default in Sabah and Sarawak in the absence of a seat-sharing pact among opposition parties to take on the ruling coalition one-to-one, Chong said that it was too simplistic to paint such a dismal picture.For starters, even given an opposition seat-sharing pact, Chong claims that the BN would have a head start given the number of illegal immigrants — “its electoral Fixed Deposits — on the electoral rolls.For another, he thinks that in principle “any form of pre-polls seat-sharing and /or coalitions is against the concept of democracy. By endorsing elite power-sharing, it denies the people meaningful participation in elections and thereby circumvents government of the people, by the people and for the people”.Chong thinks that the only way for the people of Sabah and Sarawak to defeat the BN is to reject any political party involved in placing illegal immigrants on the electoral rolls, proxy politics of “the parti parti Malaya” and to vote on the basis of the issues before them.“It doesn’t matter how many candidates enter the fray, “said Chong. “The issues and the number of issues will carry the day for Star and its 3rd Force allies in the United Borneo Alliance (UBA).”A 3rd Force in the Malaysian Parliament is an idea whose time has come, said Chong. “It can steer evenly between PR and BN.”He described the 3rd Force as a response to the “historical window of opportunity” opened up by the 12th General Election in 2008 when a political tsunami swept Peninsular Malaysia, deprived BN of its coveted two-third majority and threw up a two party system there.“It would be foolish for us in Sabah and Sarawak to squander this historical window of opportunity and pander to the whims and fancies of the parti parti Malaya with their self-serving politics,” said Chong.Both BN and PR, noted Chong, were Peninsular Malaysia-based national alliances/coalitions.In response, believes Chong, Sabah and Sarawak need a Borneo-based national alliance in the Malaysian Parliament to lead a 3rd Force. “Such a Force is the best guarantee for Sabah and Sarawak in Malaysia,” said Chong. “The issue of non-compliance can be resolved once and for all.”Besides Sabah and Sarawak, Chong said that other elements of the 3rd Force would come from the other side of the South China Sea and include the Orang Asli, the Christians, other minorities, fence-sitters and the Indian community which decides in 67 of the parliamentary seats in Peninsular Malaysia.Star chairman Jeffrey Kitingan announced in mid-April that the party would contest all 60 state seats in Sabah and 26 parliamentary seats including Labuan.The party took the stand under its Plan Z after Sapp broke ranks with the UBA and entered into unilateral seat-sharing talks in Kota Kinabalu with de facto Parti Keadilan Rakyat (PKR) chief Anwar Ibrahim who claimed to be speaking on behalf of PR. However, this was subsequently disputed by Dap in Sabah.

Come July 9, it would be 49 years since Britain, the Federation of Malaya, North Borneo (now known as Sabah), Sarawak and Singapore entered into an agreement that gave rise to the formation of the Federation of Malaysia in 1963. But how many of us knew that?

The fact is we remember, easily enough, Aug 31, 1957 as Merdeka day and of late Sept 16, 1963 as Malaysia Day but what about July 9, 1963 – the day the Malaysia Agreement was signed by a then independent Sabah and Sarawak?

The agreement was not a deed of subservience but rather an invitation to share a political table and march ahead into a bright future.

But that did not happen. History has distorted the facts and killed off its proverbial leaders. A generation of children have been born into thinking that Malaysia is one and not 1+2 (Singapore withdrew from the Federation of Malaysia in 1965 leaving only Sabah and Sarawak).

FMT took to the streets in downtown Kuala Lumpur recently to ask if Malaysians have heard of the 1963 Malaysia Agreement that lured the Borneo states into the federal loop.

Of the 50 people we spoke to only three had heard of it but they couldn’t elaborate on what they knew of the agreement.

The shoulder-shrugging, furrowed foreheads and sheepish smiles were testimony to the fact that this might just be something not important enough to remember, to teach or to acknowledge.

As shallow as this sounds, perhaps what makes it harder to remember this day is that it’s not a public holiday. One has to tell it like it is sometimes. We call a spade a spade.

The Malaysia Agreement 1963 – in a more contemporary nutshell – would be living in an apartment building, or a guarded/gated housing area.

Being in this collective protective enclave doesn’t in any way mean that a person has to give up their individuality or privacy.

Sabah, Sarawak not ‘states’

It just means that no matter how different these homes and apartments are, they will all be given the same kind of protection by the company mandated to do just that.

That is no different with Sabah and Sarawak’s agreement with then Malaya and Singapore.

North Borneo (now Sabah) and Sarawak agreed to enter into the Malaysia Agreement 1963 with the Federation of Malaya based on the terms of a 20-point and 18-point agreement respectively.

For the record, the formation of the Federation of Malaysia was not conceived with the idea that Singapore, Sabah and Sarawak would be “included” and recognised as the 12th, 13th and 14th states of the new federation, thus adding to the 11 states in the federation of Malaya.

What was agreed upon was that the Federation of Malaya, Singapore, North Borneo (Sabah) and Sarawak would come together to form the federation of Malaysia as equal nation-state partners within that new federation.

This was agreed upon on the grounds that there would not be any loss or decrease in their respective status as independent sovereign nations.

Look closely at Clause 18 of the 20-point agreement in relation to Sabah and you will find that it hypothesises that the head of the state of Sabah was to be called “Yang di-Pertua Negara” and not “Negeri”.

Clause 3 of the 20-point agreement, which relates to Sabah, states: “Whilst accepting that the present Constitution of the Federation of Malaya should form the basis of the Constitution of Malaysia, the Constitution of Malaysia should be a completely new document drafted and agreed in the light of a free association of states and should not be a series of amendments to a Constitution drafted and agreed by different states in totally different circumstances.”

The real kingmakers

An avid Kuala Lumpur-born Sabah observer who gives his name as Sharif, opined that Peninsular Malaysians and Putrajaya “owe” Sabahans and Sarawakians the truth.

“I think Peninsula Malaysians and the government owe it to the people of Sabah and Sarawak to get to the truth of what was agreed in 1963.

“It is imperative that we demand that all that was agreed on be carried out no matter if a new or old government takes over post-general election,” Sharif said.

He also stressed the importance of perusing the contents of the Malaysia Agreement as tedious as it may be – to take a good hard look at the 20- and 18-point agreements and re-learn what it’s truly about with particular attention to the status and position of Sabah and Sarawak.

DAP national adviser and parliamentarian Lim Kit Siang, during his visit to Kota Belud, Tuaran, and Kota Kinabalu in February 2010, declared that the natives of Sabah were ‘kingmakers”.

The term “kingmaker” drew rousing applause and supporters billed Lim’s visit as a “powerful political whirlwind of change” stirring in the whole of Sabah, state party publicist Dr Edwin Bosi said in a press statement.

To this, Sharif added: “Native leaders of Sabah in the past and now are being touted as the real ‘kingmakers’ in Sabah and Malaysian politics.

“Some believe that the banned book ‘The Golden Son of the Kadazan’ gives a good account of the struggle of the local natives, especially the Kadazan community. The book which describes the struggle of the Sabah native Peter Majuntin was banned, while the book by [former premier] Dr Mahathir Mohamad ‘Malay Dilemma’ has been lifted.

“Where is the fairness in that?”

Sabah betrayed

He also spoke of the betrayal the BN government has inflicted on the Sabah native community.

“This became obvious after the reverse takeover of power in Sabah in 1994. Anyone who is familiar with what happened will recall that the rotation system of the Sabah chief minister had only allowed Bernard Dompok to serve as CM for nine short months.

“After winning the following election, Umno-led BN government decided to drop the rotation system, and that is the end for a Kadazandusun and Murut chief minister,” he added.

Sharif is also of the opinion that the state’s political history must be a reminder to Kadazan natives of their role in the rise of Berjaya and Parti Bersatu Sabah (PBS) governments.

He said the Kadazan natives had been marginalised and emasculated.

“The future is in the hand of the Sabah natives. They have fantastic power that they can release and become equal citizens, ” Sharif said.

Another Sabah observer encapsulates the situation lucidly when she proferred, “Before any nation building can happen, Sabah needs to first consolidate its identity.

“The 13th general election is perhaps the most significant election for Sabah because for the first time, Sabahans feel like someone is there to champion their cause.

“Barisan Nasional will win, but the question of what would that victory mean remains.

“If the opposition were to secure a 10-seat [majority] win, this will be very significant. Because then, there might be the possibility that Sabah will be looked at as a nation.”

Sabah's rights according to the terms of the Malaysia Agrement 1963 must be re-instated, says the opposition State Reform Party.

The State Reform Party (STAR) is considering going all the way to the International Court of Justice in The Hague to regain Sabah’s constitutional rights if the corrupt UMNO-dominated BN federal government continues to renege and trample on pledges made in the Malaysia Agreement in 1963.

That’s the plan if it gets enough support in the coming general election aka GE 13 to topple the Barisan Nasional (BN) coalition government and form or lead the next state government.

Deputy chairman of the Sabah Chapter of STAR, Daniel John Jambun, said it is important that the next state government subscribe to the Borneo Agenda if Sabah is to be saved from further destruction by unfavourable discriminative policies by the ruling federal power.

“We have seen the abrogation and total destruction of Sabah’s rights and autonomy and its adverse effects for the past 49 years of federation that did not work out to our favour. It is most important that we form the next state government so that we will have a strong locus standi to seek remedial actions from the court, including the International Court of Justice at the Hague,” he said.

Jambun said this when launching the Kadamaian STAR at a gathering in Kampung Kelawat near here on Wednesday.

He said what STAR is seeking is the restoration of “absolute autonomy” for both East Malaysian states of Sabah and Sarawak as agreed in the 20-points agreement for Sabah and the 18-points agreement for Sarawak as pre-conditions for the two former British colonies to join Singapore and Malaya in 1963 to form the new Federation of Malaysia.

Islam + Melayu = Raja

“What we will be seeking is the restoration of our Constitutional rights and autonomy in accordance with all the guarantees and the Malaysia Agreement signed by the then British government, Federation of Malaya, Singapore, Sabah and Sarawak in London in 1963,” he said.

After joining the federation, these two states instead of progressing actually badly regressed to become the poorest in the federation not in spite of their rich and abundant resources being exploited to benefit the UMNOputras in the Peninsula. The native indigenes of Sabah and Sarawak ended up supporting the majority Malays (forever stunted by a crutched mentality because of UMNO-propagated special Malay rights) of the federation -like their breastfeeding nannies.

Enjoying the breast milk of an East Malaysian nanny

If circumstances permit, Sabah and Sarawak should opt to withdraw, in view of the fact that they have been short-changed - a breach of contract - over the last 49 years especially so when they are rich in gasoline and LNG resources which they were only accorded 5% and 15% respectively. The rest were siphoned off to enrich the peninsula Malays who demanded their fairness - or special Malay rights. Too much corruption have been going on abetted by MACC and EC, and not forgetting all those Abdul Taib Mahmud and Musa Aman logging scandals.

Sabah and Sarawak need to exert their autonomy rights to prosper. Otherwise, with another 5 years of corrupt UMNO-dominated BN rule, they will suffer even more.Sabah will become a developed country in 10 years if it is freed from the clutches of UMNO's corruption and abuse of power.

The agenda of STAR is a good step to a journey of a thousand miles! At last Sabahans has woken from their deep slumber? With support from an enlightened citizenry, only time will tell if they are able to make it on par with or exceed the progress of the rest of the country. Their trump card remain the fact that they are endowed with rich and abundant natural resources.

Something the greedy UMNO warlords are not going to let go so easily. Another round of Projek MyKad or Projek M aka Projek IC is probably in the offing to usurp, subvert or undermine STAR's ambitions to form the next state government.

The purpose of this Press Conference is to announce the LAND AND NCR REFORMS MASTERPLAN of STAR Sabah and the relevant portion of the STATE ADMINISTRATION REFORMS related to land administration which forms part of the Land and NCR Masterplan.

“Under its Land and NCR Reforms Masterplan, STAR will respect and restore the rights of natives to NCR and native lands and prioritize land for all Sabahans based on its policy and vision “NCR FIRST, SABAH LAND FOR SABAHANS FIRST”.

The Land and NCR Reforms Masterplan has 3 key objectives:-

(1) Reforms of the laws and administration relating to land and NCR;

(2) A more effective and efficient land administration and management;

(3) Resolution of land and NCR problems.

The reforms of the land and NCR laws will involve:-

(a) Unequivocal and clear recognition of NCR;

(b) For other lands, Sabahans will be given priority;

(c) Native land rights will be uplifted, strengthened and protected in particular:-

(i) A Demographic Mapping will be undertaken to identify and confirm native rights, NCR, land occupation and population;

(ii) Category of land use in Native Titles (NT) will be extended to include commercial, industrial and other uses and not just restricted to agricultural use.

(d) The establishment of SABAH LAND AND NCR COMMISSION;

(e) The establishment of SABAH NATIVE LAND FOUNDATION;

(f) The establishment of SABAH LAND TRIBUNAL;

(g) The de-centralization of land administration from central-based to region-based.

The Land and NCR Commission will be tasked with implementing and managing a NEW LAND POLICY incorporating the Masterplan and recognizing and prioritizing NCR and native rights and prioritizing Sabah’s land for Sabahans first.

The Commission will be responsible for the supervision of the land administration in the State where power and authority will not be concentrated in the hands of one person only. In the present system, the authority and decision of the Director in alienating lands to anyone under Section 9 of the Land Ordinance cannot even be appealed as provided in Section 41.

Under the new Land Policy, NCR will be recognized first in land alienation after which Sabahans will be accorded priority. The present policy of the State Government in failing to recognize NCR and alienating land to companies against existing original settlers will be abolished.

The Director of Land recently disclosed that out of 2.1 million hectares of land available for alienation, the State had already alienated about 1.9 million hectares of which only 31% was alienated to natives and the other 69% to others. It is wrong for the Government not to give priority to natives and Sabahans in land alienation.

This Land Policy will put a stop to the current land and NCR disputes where companies are given vast tracts of tens of thousands of acres leading to destruction of plants and crops of the original settlers and the destruction of homes and eviction of natives will be stopped.

The following policies on land alienation will be adopted:-

(a) Native rights under NCR will be recognized first;

(b) For non-NCR lands, priority will be given to Sabahans;

(c) Land will only be rented or leased to the federal government or federal agencies and land ownership will be retained by the State in perpetuity;

(d) For lands alienated for agricultural purpose on commercial basis will be required to include a 30% of the land area to be developed and owned by the Sabah Natives (Land) Foundation with provision for reimbursement of the development costs;

(e) The process of renewal of leases will be simplified and approved based on semi-automatic renewal basis and all 999-year leases will be given a same leasehold period upon conversion and not new 99-year leasehold titles;

(f) A periodical 10-15 years review of land premiums will be considered.

A new system of recognition of NCR claims and owners will be adopted. The current process of making natives claiming NCR via a land application (LA) or “permohonan tanah” (PT) will be changed as it may not be correct.

Natives should not be made to “apply for land” where the issue is whether they are the legitimate NCR owners which will be determined by a new NCR Land Process (NLP).

NCR ownership and claims will be determined via the NLP with a client charter of resolution by the NLP in 6 months for normal cases and 12 months for complicated cases.

As for the land administration reforms, they will include:-

(1) The establishment of the Land and NCR Commission as explained above;

(2) Land Administration will be handled through 3 Departments;

(3) The Land and Survey Department will be split into 2 Departments, namely:-

(a) Land Department;

(b) Survey and Mapping Department;

(4) A 3rd Department related to land matters, namely, VALUATION AND PROPERTY SERVICES DEPARTMENT will also come under the purview of the Commission;

(5) The Land Department will be responsible for land matters and collection of land revenues and other associated matters not specifically provided by other Departments or Authorities or Agencies;

(6) Land administration under the Land Department will be de-centralized with a Headquarters headed by a Director General who will also be the State Collector of Land Revenue (State CLR) and 5 Regional centres headed by a Regional Director cum Regional CLR each and Assistant CLRs in the Districts and Sub-districts;

(7) The Survey and Mapping Department will be responsible for survey, mapping and other related services;

(8) The Survey and Mapping Department will be entrusted with a State Demographic Mapping exercise which will identify and confirm the existence of native rights and NCR as well as to identify and determine the location of all residents. This task is also part of a Homeland Security, Immigration and Registration Masterplan to be announced;

(9) The Valuation and Property Services Department will be responsible for property valuation services, administration of land and properties of the State and other land and property related services.

Land Administration will be administered as in the Chart below:-

Diagram 1: An Overview of Land Organizational Reform

The objective of the Land and NCR Commission will be to take charge, streamline and oversee land administration in Sabah and to resolve all land issues, problems and related matters.

The responsibilities of the Commission include:-

(1) To formulate the new Land Policy and other land policies from time to time;

(2) To review and recommend law reforms pertaining to land, NCR and land administration;

(3) To oversee the Land, Survey and Mapping and Valuation and Property Services Departments;

(4) To act as the bridge between the 3 Departments and the rakyat and clients including the handling of public complaints;

(5) To work with the Land Tribunal and assistance towards resolution of land disputes and problems;

(6) Review and recommend changes to land premiums and land revenues.

Amongst the new policies to be adopted under the new land laws will be:-

(1) Safeguards for the rights of natives, NCR and native lands;

(2) Native lands and native titles will not just be confined to agriculture use only but also commercial, industrial and other uses;

(3) “Native Land Reserves” will be established in every Administrative Region for the benefit of future generations;

(4) There will be no alienation of land to Federal Agencies or Agencies from other States;

(5) There will be a review of all lands alienated to Federal Agencies or Agencies from other States for agriculture purposes:

(6) Federal Agropolitan and other agriculture projects will not be granted land rights which will be reserved for qualified natives and other Sabahans only;

(7) The issuance of Communal Titles will be reviewed together with existing policies on land, forest reserves and NCR;

(8) Alienation of lands to non-Sabahans may be subject to development of certain percentage of the land for natives and Sabahans;

(9) All existing land applications will be reviewed and resolved with a targeted resolution of 50% of the cases within a period of 2 years;

(10) There will be a review of all court cases involving alienation of land, NCR and forest reserves as well as all lands alienated in breach of NCR.

(11) Updating the system and knowledge of land administration and land officers with Sabah land laws without interferences of land administration in Peninsular where the land laws are different where NCR and customary lands do not exist.

On the issue of communal titles, the State administration should re-consider the issuance of communal titles and not merely rush through the process and give out communal titles

without considering the NCR claims of legitimate NCR owners who may been legal owners for several generations and which their applications have been pending for years, some even decades. Where applicable NCR titles should be issued to these NCR owners before blanket cancellation of their NCR ownership through the issuance of new communal titles over the NCR lands and NCR applications.

The rights of the owners of the communal titles should be considered first and not “robbed” through the imposition of trustees or third-parties who make decisions as though they are the owners when the natives are the legitimate owners of the communal title. If the State administration is looking to protect rights of the natives and prevent sale, there are many better alternatives such as only transfers through succession only or to family and related persons.

The sudden rush-job of issuing communal titles can only be interpreted as solely for political reasons due to pending general elections to appease local natives and to quell their growing anger against the political leaders who have alienated their NCR lands to companies who in turn have destroyed their crops, plants, homes and evicted them from their own land.

The Sabah Native Land Foundation will be entrusted to safeguard and act as guardians of native land rights as the natives being the indigenous people in Sabah are the owners of the land which existed before the British colonial times or the promulgation of the Land Ordinance and long before Malaysia was formed.

The Foundation will hold lands on behalf of all natives in Sabah as well as the percentage allocation of land alienated for commercial agriculture purposes. It will also act as a safety net for native lands facing foreclosure and auctions and will buy at or before auction and or settle the outstanding debts and hold the native lands concerned and the owner will be granted the opportunity to buy-back or redeem the native land concerned. The Foundation will also assist natives in all matters relating to native lands.

The Sabah Land Tribunal will be formed to administer justice in relation to land matters in Sabah and to adjudicate all land disputes and problems. It will be similar to what the industrial court, consumer tribunal and housing tribunal and will work in conjunction with the civil court system and the native court system.

As can be seen, the Land and NCR Reforms Masterplan is intended to reform the existing land laws and related laws as well as to reform the entire system of land administration in Sabah.

Both reforms are progressive and advances the rights of natives and Sabahans to lands in Sabah and to promote economic development of natives through their native lands as well as through the allocation of certain percentage of commercial agricultural lands and at the same time protective of native rights and native lands.

As enshrined in the BATU SUMPAH, we cannot rely on and cannot depend on outsiders and politicians with outside political masters to decide on Sabah’s land. And certainly not in prioritizing alienation of land rights to outsiders at the expense of natives and genuine Sabahans.

Meantime, as for the others and business communities, we wish to re-assure that notwithstanding our land policies, we will be people and business-friendly in our policies which will be announced separately.